II 

118TH CONGRESS 

2D SESSION S. 3881 

To provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality 

Act, to authorize appropriations to carry out the State Criminal Alien 

Assistance Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2024 

Mrs. BLACKBURN introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To provide for enhanced Federal, State, and local assistance 

in the enforcement of the immigration laws, to amend 

the Immigration and Nationality Act, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLES; TABLE OF CONTENTS; STATE 

4 DEFINED; SEVERABILITY. 

5 (a) SHORT TITLES.—This Act may be cited as the 

6 ‘‘Clear Law Enforcement for criminal Alien Removal Act 

7 of 2024’’ or the ‘‘CLEAR Act of 2024’’. 


ddrumheller on DSK120RN23PROD with BILLS
2 

•S 3881 IS

1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short titles; table of contents; State defined; severability. 

Sec. 2. Definitions. 

Sec. 3. Federal affirmation of assistance in the immigration law enforcement by 

States and political subdivisions of States. 

Sec. 4. State authorization for assistance in the enforcement of immigration 

laws encouraged. 

Sec. 5. Listing of immigration violators in the National Crime Information Center database. 

Sec. 6. State and local law enforcement provision of information about apprehended aliens. 

Sec. 7. Financial assistance to State and local law enforcement agencies that 

assist in the enforcement of immigration laws. 

Sec. 8. Increased Federal detention space. 

Sec. 9. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement. 

Sec. 10. Training of State and local law enforcement personnel relating to the 

enforcement of immigration laws. 

Sec. 11. Immunity. 

Sec. 12. Institutional Removal Program. 

Sec. 13. Authorization of appropriations. 

Sec. 14. Severability. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Homeland Security. 

7 (2) STATE.—The term ‘‘State’’ has the mean8 ing given such term in section 101(a)(36) of the Im9 migration and Nationality Act (8 U.S.C. 

10 1101(a)(36)). 

11 SEC. 3. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IM12 MIGRATION LAW ENFORCEMENT BY STATES 

13 AND POLITICAL SUBDIVISIONS OF STATES. 

14 Notwithstanding any other provision of law and re15 affirming the existing inherent authority of States, law enVerDate Sep 11 2014 18:54 Mar 15, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3881.IS S3881

ddrumheller on DSK120RN23PROD with BILLS
3 

•S 3881 IS

1 forcement personnel of a State, or of a political subdivision 

2 of a State, have the inherent authority of a sovereign enti3 ty to investigate, identify, apprehend, arrest, detain, or 

4 transfer to Federal custody aliens in the United States 

5 (including the transportation of such aliens across State 

6 lines to detention centers), for the purposes of assisting 

7 in the enforcement of the immigration laws of the United 

8 States in the course of carrying out routine duties. This 

9 State authority has never been displaced or preempted by 

10 Congress. 

11 SEC. 4. STATE AUTHORIZATION FOR ASSISTANCE IN THE 

12 ENFORCEMENT OF IMMIGRATION LAWS EN13 COURAGED. 

14 (a) IN GENERAL.—Beginning on the date that is 1 

15 year after the date of the enactment of this Act, a State, 

16 or a political subdivision of a State, that has in effect a 

17 statute, policy, or practice that prohibits law enforcement 

18 officers of the State, or of a political subdivision of the 

19 State, from assisting or cooperating with Federal immi20 gration law enforcement in the course of carrying out the 

21 officers’ routine law enforcement duties may not receive 

22 any of the funds that would otherwise be allocated to the 

23 State under section 241(i) of the Immigration and Nation24 ality Act (8 U.S.C. 1231(i)). 


ddrumheller on DSK120RN23PROD with BILLS
4 

•S 3881 IS

1 (b) RULE OF CONSTRUCTION.—Nothing in this sec2 tion may be construed to require law enforcement officials 

3 from States, or from political subdivisions of States, to 

4 report or arrest victims or witnesses of a criminal offense. 

5 (c) REALLOCATION OF FUNDS.—Any funds that are 

6 not allocated to a State, or to a political subdivision of 

7 a State, due to the failure of such State, or of the political 

8 subdivision of such State, to comply with subsection (a) 

9 shall be reallocated to States, or to political subdivisions 

10 of States, that comply with such subsection. 

11 SEC. 5. LISTING OF IMMIGRATION VIOLATORS IN THE NA12 TIONAL CRIME INFORMATION CENTER DATA13 BASE. 

14 (a) PROVISION OF INFORMATION TO THE NATIONAL

15 CRIME INFORMATION CENTER.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act and peri18 odically thereafter as updates may require, the Com19 missioner for U.S. Customs and Border Protection 

20 shall provide the National Crime Information Center 

21 of the Department of Justice with such information 

22 as the Commissioner may possess regarding any 

23 aliens— 

24 (A) against whom a final order of removal 

25 has been issued; 


ddrumheller on DSK120RN23PROD with BILLS
5 

•S 3881 IS

1 (B) who have signed a voluntary departure 

2 agreement; 

3 (C) who have overstayed their authorized 

4 period of stay; or 

5 (D) whose visas have been revoked. 

6 (2) IMMIGRATION VIOLATORS FILE.—The Na7 tional Crime Information Center shall enter all of 

8 the information received pursuant to paragraph (1) 

9 into the Immigration Violators File regardless of 

10 whether— 

11 (A) the alien concerned received notice of 

12 a final order of removal; 

13 (B) the alien concerned has already been 

14 removed; or 

15 (C) sufficient identifying information is 

16 available with respect to the alien concerned. 

17 (b) INCLUSION OF INFORMATION IN THE NCIC 

18 INDEX.— 

19 (1) IN GENERAL.—Section 534(a) of title 28, 

20 United States Code, is amended— 

21 (A) by redesignating paragraphs (4) and 

22 (5) as paragraphs (5) and (6), respectively; and 

23 (B) by inserting after paragraph (3) the 

24 following: 


ddrumheller on DSK120RN23PROD with BILLS
6 

•S 3881 IS

1 ‘‘(4) acquire, collect, classify, and preserve 

2 records of violations by aliens of the immigration 

3 laws of the United States, regardless of whether— 

4 ‘‘(A) any such alien has received notice of 

5 any such violation; 

6 ‘‘(B) sufficient identifying information is 

7 available with respect to any such alien; and 

8 ‘‘(C) any such alien has already been re9 moved from the United States;’’. 

10 (2) EFFECTIVE DATE.—The Attorney General 

11 shall implement the amendment made by paragraph 

12 (1) not later than 6 months after the date of the en13 actment of this Act. 

14 SEC. 6. STATE AND LOCAL LAW ENFORCEMENT PROVISION 

15 OF INFORMATION ABOUT APPREHENDED 

16 ALIENS. 

17 (a) PROVISION OF INFORMATION.—In compliance 

18 with section 642(a) of the Illegal Immigration Reform and 

19 Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)) 

20 and section 434 of the Personal Responsibility and Work 

21 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), 

22 each State, and each political subdivision of a State, shall 

23 submit to the Secretary, in a timely manner, the informa24 tion specified in subsection (b) with respect to each alien 

25 apprehended in the jurisdiction of the State, or of a politVerDate Sep 11 2014 18:54 Mar 15, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3881.IS S3881

ddrumheller on DSK120RN23PROD with BILLS
7 

•S 3881 IS

1 ical subdivision of the State, who is believed to be in viola2 tion of the immigration laws of the United States. 

3 (b) INFORMATION REQUIRED.—The information 

4 specified in this subsection is— 

5 (1) the alien’s name; 

6 (2) the alien’s address or place of residence; 

7 (3) a physical description of the alien; 

8 (4) the date, time, and location of the encounter 

9 with the alien and reason for stopping, detaining, 

10 apprehending, or arresting the alien; 

11 (5) if applicable— 

12 (A) the alien’s driver’s license number and 

13 the State of issuance of such license; 

14 (B) the type of any other identification 

15 document issued to the alien, the designation 

16 number contained on the identification docu17 ment, and the issuing entity for the identifica18 tion document; and 

19 (C) the license plate number, make, and 

20 model of any automobile registered to, or driven 

21 by, the alien; and 

22 (6) if available or readily obtainable— 

23 (A) a photo of the alien; and 

24 (B) the alien’s fingerprints. 


ddrumheller on DSK120RN23PROD with BILLS
8 

•S 3881 IS

1 (c) ANNUAL REPORT.—The Secretary shall annually 

2 submit to Congress a detailed report listing the States, 

3 and the political subdivisions of States, that provided in4 formation pursuant to subsection (a) with respect to the 

5 preceding year. 

6 (d) REIMBURSEMENT.—The Secretary shall reim7 burse States, and political subdivisions of a State, for all 

8 reasonable costs, as determined by the Secretary, incurred 

9 by each State, and each political subdivision of a State, 

10 as a result of submitting the information required to be 

11 submitted pursuant to subsection (a). 

12 (e) RULE OF CONSTRUCTION.—Nothing in this sec13 tion may be construed to require law enforcement officials 

14 of a State, or of a political subdivision of a State, to sub15 mit to the Secretary information related to a victim of a 

16 crime or witness to a criminal offense. 

17 SEC. 7. FINANCIAL ASSISTANCE TO STATE AND LOCAL LAW 

18 ENFORCEMENT AGENCIES THAT ASSIST IN 

19 THE ENFORCEMENT OF IMMIGRATION LAWS. 

20 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

21 AND PROCESSING CERTAIN ALIENS.—The Secretary shall 

22 award grants to States and political subdivisions of States 

23 for the procurement of equipment, technology, facilities, 

24 and other products that facilitate and are directly related 

25 to investigating, apprehending, arresting, detaining, or 


ddrumheller on DSK120RN23PROD with BILLS
9 

•S 3881 IS

1 transporting aliens who have violated the immigration 

2 laws of the United States, including additional administra3 tive costs incurred to comply with the requirements under 

4 this Act. 

5 (b) ELIGIBILITY.—A State or political subdivision of 

6 a State desiring a grant under this section shall have the 

7 authority to assist, and shall have a written policy and 

8 practice of assisting, in the enforcement of the immigra9 tion laws of the United States in the course of carrying 

10 out the routine law enforcement duties of such State or 

11 political subdivision. Entities covered under this section 

12 may not have any policy or practice that prevents local 

13 law enforcement from inquiring about a suspect’s immi14 gration status. 

15 (c) GAO AUDIT.—Not later than 3 years after the 

16 date of the enactment of this Act, the Comptroller General 

17 of the United States shall conduct an audit of funds dis18 tributed to States and political subdivisions of a State pur19 suant to subsection (a). 

20 SEC. 8. INCREASED FEDERAL DETENTION SPACE. 

21 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

22 FACILITIES.— 

23 (1) IN GENERAL.—The Secretary shall con24 struct or acquire, in addition to existing facilities for 

25 the detention of aliens, 20 detention facilities in the 


ddrumheller on DSK120RN23PROD with BILLS
10 

•S 3881 IS

1 United States, for aliens detained pending removal 

2 from the United States or a decision regarding such 

3 removal. Each facility shall have a sufficient number 

4 of beds necessary to effectuate the purposes of this 

5 Act. 

6 (2) DETERMINATIONS.—The location of any de7 tention facility built or acquired pursuant to this 

8 subsection shall be determined by the Assistant Di9 rector of the Custody Management Division of the 

10 Enforcement and Removal Directorate. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

12 Section 241(g)(1) of the Immigration and Nationality Act 

13 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex14 pend’’ and inserting ‘‘shall expend’’. 

15 SEC. 9. FEDERAL CUSTODY OF ALIENS UNLAWFULLY 

16 PRESENT IN THE UNITED STATES APPRE17 HENDED BY STATE OR LOCAL LAW ENFORCE18 MENT. 

19 (a) STATE APPREHENSION.— 

20 (1) IN GENERAL.—Chapter 4 of title II of the 

21 Immigration and Nationality Act (8 U.S.C. 1221 et 

22 seq.) is amended by inserting after section 240C the 

23 following: 


ddrumheller on DSK120RN23PROD with BILLS
11 

•S 3881 IS

1 ‘‘SEC. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT 

2 IN THE UNITED STATES. 

3 ‘‘(a) DEFINED TERM.—In this section, the term 

4 ‘alien who is unlawfully present in the United States’ 

5 means an alien who— 

6 ‘‘(1) entered the United States without inspec7 tion or at any time, manner, or place not designated 

8 by the Secretary of Homeland Security; 

9 ‘‘(2) was admitted as a nonimmigrant and who, 

10 at the time the alien was taken into custody by the 

11 State, or a political subdivision of the State, failed— 

12 ‘‘(A) to maintain the nonimmigrant status 

13 in which the alien was admitted or to which it 

14 was changed pursuant to section 248; or 

15 ‘‘(B) to comply with the conditions of any 

16 such status; 

17 ‘‘(3) was admitted as an immigrant and subse18 quently failed to comply with the requirements of 

19 such status; or 

20 ‘‘(4) failed to depart the United States under a 

21 voluntary departure agreement or under a final 

22 order of removal. 

23 ‘‘(b) TRANSFER OF CUSTODY BY STATE AND LOCAL

24 OFFICIALS.—If a State, or a political subdivision of the 

25 State, exercising authority with respect to the apprehen26 sion or arrest of an alien who is unlawfully present in the 


ddrumheller on DSK120RN23PROD with BILLS
12 

•S 3881 IS

1 United States, submits to the Secretary of Homeland Se2 curity a request that such alien be taken into Federal cus3 tody, the Secretary— 

4 ‘‘(1) not later than 48 hours after the conclu5 sion of the State, or the political subdivision of a 

6 State, charging process or dismissal process, or if no 

7 State or political subdivision charging or dismissal 

8 process is required, not later than 48 hours after the 

9 alien is apprehended, shall take the alien into the 

10 custody of the Federal Government and incarcerate 

11 the alien; or 

12 ‘‘(2) shall request that the relevant State or 

13 local law enforcement agency temporarily incarcerate 

14 or transport the alien for transfer to Federal cus15 tody. 

16 ‘‘(c) POLICY ON DETENTION IN STATE AND LOCAL

17 DETENTION FACILITIES.—In carrying out section 

18 241(g)(1), the Attorney General or the Secretary of 

19 Homeland Security shall ensure that an alien arrested 

20 pursuant to this Act is detained, pending the alien being 

21 taken for an examination under this section, in a State 

22 or local prison, jail, detention center, or other comparable 

23 facility. Notwithstanding any other provision of law or reg24 ulation, such a facility is adequate for detention if— 


ddrumheller on DSK120RN23PROD with BILLS
13 

•S 3881 IS

1 ‘‘(1) the facility is the most suitably located 

2 Federal, State, or local facility available for such 

3 purpose under the circumstances; 

4 ‘‘(2) an appropriate arrangement for such use 

5 of the facility can be made; and 

6 ‘‘(3) the facility satisfies the standards for the 

7 housing, care, and security of persons held in cus8 tody of a United States marshal. 

9 ‘‘(d) REIMBURSEMENT.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

11 Security shall reimburse States and political subdivi12 sions of a State for all reasonable expenses, as deter13 mined by the Secretary, incurred by the State, or 

14 political subdivision as a result of the incarceration 

15 and transportation of an alien who is unlawfully 

16 present in the United States. 

17 ‘‘(2) CALCULATION.—Compensation provided 

18 pursuant to paragraph (1) shall be equal to the sum 

19 of— 

20 ‘‘(A) the average cost of incarceration of a 

21 prisoner in the relevant State for the period the 

22 alien was incarcerated, as determined by the 

23 chief executive officer of a State, or of a polit24 ical subdivision of a State; and 


ddrumheller on DSK120RN23PROD with BILLS
14 

•S 3881 IS

1 ‘‘(B) the cost of transporting the alien 

2 from the point of apprehension to the place of 

3 detention, and to the custody transfer point if 

4 the place of detention and the place of custody 

5 are different. 

6 ‘‘(e) SECURE FACILITIES.—The Secretary of Home7 land Security shall ensure that aliens incarcerated in Fed8 eral facilities pursuant to this section are held in facilities 

9 that provide an appropriate level of security. 

10 ‘‘(f) TRANSFER.— 

11 ‘‘(1) IN GENERAL.—In carrying out this sec12 tion, the Secretary of Homeland Security shall es13 tablish a regular circuit and schedule for the prompt 

14 transfer of apprehended aliens from the custody of 

15 States and political subdivisions of a State to Fed16 eral custody. 

17 ‘‘(2) CONTRACTS.—The Secretary of Homeland 

18 Security may enter into contracts, including appro19 priate private contracts, to implement this sub20 section.’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents of the Immigration and Nationality Act (8 

23 U.S.C. 1101 et seq.) is amended by inserting after 

24 the item relating to section 240C the following: 

‘‘Sec. 240D. Custody of aliens unlawfully present in the United States.’’. 


ddrumheller on DSK120RN23PROD with BILLS
15 

•S 3881 IS

1 (b) GAO AUDIT.—Not later than 3 years after the 

2 date of the enactment of this Act, the Comptroller General 

3 of the United States shall conduct an audit of compensa4 tion to States and political subdivisions of a State for the 

5 incarceration of aliens unlawfully present in the United 

6 States under section 240D of the Immigration and Na7 tionality Act, as added by subsection (a)(1). 

8 SEC. 10. TRAINING OF STATE AND LOCAL LAW ENFORCE9 MENT PERSONNEL RELATING TO THE EN10 FORCEMENT OF IMMIGRATION LAWS. 

11 (a) ESTABLISHMENT OF TRAINING MANUAL AND

12 POCKET GUIDE.—Not later than 180 days after the date 

13 of the enactment of this Act, the Secretary shall develop— 

14 (1) a manual to train law enforcement per15 sonnel of a State, or of a political subdivision of a 

16 State, on the investigation, identification, apprehen17 sion, arrest, detention, and transfer to Federal cus18 tody of aliens unlawfully present in the United 

19 States (including the transportation of such aliens 

20 across State lines to detention centers and the iden21 tification of fraudulent documents); and 

22 (2) an immigration enforcement pocket guide 

23 for law enforcement personnel of a State, or of a po24 litical subdivision of a State, to provide a quick refVerDate Sep 11 2014 18:54 Mar 15, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3881.IS S3881

ddrumheller on DSK120RN23PROD with BILLS
16 

•S 3881 IS

1 erence for such personnel in the course of carrying 

2 out their duties. 

3 (b) AVAILABILITY.—The training manual and pocket 

4 guide developed pursuant to subsection (a) shall be made 

5 available to all State and local law enforcement personnel. 

6 (c) COSTS.—The Secretary shall be responsible for 

7 any costs incurred in developing the training manual and 

8 pocket guide pursuant to subsection (a). 

9 (d) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed to require State or local law en11 forcement personnel to carry the training manual or pock12 et guide with them while on duty. 

13 (e) TRAINING FLEXIBILITY.— 

14 (1) IN GENERAL.—The Secretary shall make 

15 training of State and local law enforcement officers 

16 available through as many means as possible, includ17 ing through— 

18 (A) residential training at the Center for 

19 Domestic Preparedness of the Federal Emer20 gency Management Agency; 

21 (B) onsite training held at State or local 

22 police agencies or facilities; 

23 (C) online training courses by computer, 

24 teleconferencing, and videotape; or 


ddrumheller on DSK120RN23PROD with BILLS
17 

•S 3881 IS

1 (D) training courses made available on 

2 DVD. 

3 (2) E-LEARNING.—Not later than 120 days 

4 after the date of the enactment of this Act, the Sec5 retary shall ensure that— 

6 (A) an e-learning portal is made available 

7 through the Federal Law Enforcement Training 

8 Center’s Distributed Learning Program to train 

9 State and local law enforcement officers 

10 through a secure, encrypted distributed learning 

11 system; and 

12 (B) the system described in subparagraph 

13 (A) is scalable and survivable and has all its 

14 servers based in the United States. 

15 (3) PRIORITY.—In carrying out this section, 

16 priority funding shall be given for existing web-based 

17 immigration enforcement training systems. 

18 (4) FEDERAL PERSONNEL TRAINING.—The 

19 training of State and local law enforcement per20 sonnel under this section shall not displace the train21 ing of Federal personnel. 

22 (5) SAVINGS PROVISION.—Nothing in this Act 

23 or in any other provision of law may be construed 

24 as making any immigration-related training a re25 quirement for, or prerequisite to, any State or local 


ddrumheller on DSK120RN23PROD with BILLS
18 

•S 3881 IS

1 law enforcement officer assisting in the enforcement 

2 of Federal immigration laws in the normal course of 

3 carrying out the law enforcement duties of such offi4 cers. 

5 SEC. 11. IMMUNITY. 

6 (a) PERSONAL IMMUNITY.—Notwithstanding any 

7 other provision of law, a law enforcement officer of a State 

8 or local law enforcement agency who is acting within the 

9 scope of the officer’s official duties shall be immune, to 

10 the same extent as a Federal law enforcement officer, 

11 from personal liability arising out of the performance of 

12 any duty described in this Act. 

13 (b) AGENCY IMMUNITY.—Notwithstanding any other 

14 provision of law, a State or local law enforcement agency 

15 shall be immune from any claim for money damages based 

16 on Federal, State, or local civil rights law for an incident 

17 arising out of the enforcement of any Federal immigration 

18 law, except to the extent a law enforcement officer of such 

19 agency committed a violation of Federal, State, or local 

20 criminal law in the course of enforcing such immigration 

21 law. 

22 SEC. 12. INSTITUTIONAL REMOVAL PROGRAM. 

23 (a) CONTINUATION AND EXPANSION.— 


ddrumheller on DSK120RN23PROD with BILLS
19 

•S 3881 IS

1 (1) IN GENERAL.—The Secretary shall continue 

2 to operate and implement the program known as the 

3 Institutional Removal Program, which— 

4 (A) identifies removable criminal aliens in 

5 Federal and State correctional facilities; 

6 (B) ensures such aliens are not released 

7 into the community; and 

8 (C) removes such aliens from the United 

9 States after the completion of their respective 

10 sentences. 

11 (2) EXPANSION.—The Institutional Removal 

12 Program shall be extended to all States. Any State 

13 that receives Federal funds for the incarceration of 

14 criminal aliens shall— 

15 (A) cooperate with officials of the Institu16 tional Removal Program; 

17 (B) expeditiously and systematically iden18 tify all criminal aliens in its prison and jail pop19 ulations; and 

20 (C) promptly convey such information to 

21 officials of the Institutional Removal Program 

22 as a condition of receiving such Federal funds. 

23 (b) AUTHORIZATION FOR DETENTION AFTER COM24 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 


ddrumheller on DSK120RN23PROD with BILLS
20 

•S 3881 IS

1 enforcement officers of a State, or of a political subdivision 

2 of a State, may— 

3 (1) hold a criminal alien for a period of up to 

4 14 days after the alien has completed the alien’s 

5 State prison sentence in order to effectuate the 

6 transfer of the alien to Federal custody when the 

7 alien is removable or not lawfully present in the 

8 United States; or 

9 (2) issue a detainer that would allow aliens who 

10 have served a State prison sentence to be detained 

11 by the State prison until personnel from U.S. Immi12 gration and Customs Enforcement can take such 

13 alien into custody. 

14 (c) TECHNOLOGY USAGE.—Technology, such as video 

15 conferencing, shall be used to the maximum extent prac16 ticable to make the Institutional Removal Program avail17 able in remote locations. Mobile access to Federal data18 bases of aliens, such as IDENT, and live scan technology 

19 shall be used, to the maximum extent practicable, to make 

20 such resources available to State and local law enforce21 ment agencies in remote locations. 

22 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) IN GENERAL.—There are authorized to be appro24 priated to the Department of Homeland Security, for fisVerDate Sep 11 2014 18:54 Mar 15, 2024 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3881.IS S3881

ddrumheller on DSK120RN23PROD with BILLS
21 

•S 3881 IS

1 cal year 2025 and for each subsequent fiscal year, such 

2 sums as may be necessary to carry out this Act. 

3 (b) STATE CRIMINAL ALIEN ASSISTANCE PRO4 GRAM.—Section 241(i)(5) of the Immigration and Nation5 ality Act (8 U.S.C. 1231(i)(5)) is amended to read as fol6 lows: 

7 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated to carry out 

9 this subsection such sums as may be necessary for 

10 fiscal year 2025 and for each subsequent fiscal 

11 year.’’. 

12 SEC. 14. SEVERABILITY. 

13 If any provision of this Act or of any amendment 

14 made by this Act, or the application of such provision or 

15 amendment to any person or circumstance, is held to be 

16 invalid, the remainder of the provisions of this Act and 

17 of the amendments made by this Act, and the application 

18 of any such provision or amendment to other persons not 

19 similarly situated or to other circumstances, shall not be 

20 affected. 

Æ 


ddrumheller on DSK120RN23PROD with BILLS